Fifth Amendment Violation (Taking Without Just Compensation)

11 Florida cases classified under this topic · sorted by citation count · browse and sort

• Deane Hill Country Club, Inc. v. City OF Knoxville & George F. McCanless
  379 F.2d 321· 6th Cir.· 1967-06-16 ·cited 30×
  The court held that a city annexation ordinance and its enabling state act were constitutional and that the plaintiff's claims were barred by res judicata.
• Devines v. Maier
  728 F.2d 876· 7th Cir.· 1984-02-17 ·cited 20×
  The court held that the City of Milwaukee's order to temporarily vacate an uninhabitable dwelling does not constitute a taking under the Fifth Amendment, reversing its prior ruling in Devines I.
• Educ. Assistance Corp. v. Lauro F. Cavazos
  902 F.2d 617· 8th Cir.· 1990-04-10 ·cited 18×
  The court held that the Secretary's denial of EAC's waiver request was not arbitrary or capricious, and the 1987 amendments to the Higher Education Act did not violate the fifth amendment by requiring EAC to transfer excess cash reserves.
• Herrington v. Cnty. OF Sonoma
  883 F.2d 739· 9th Cir.· 1989-08-22 ·cited 12×
  The court held that attorney's fees and costs can be awarded to prevailing parties under 42 U.S.C. § 1988 even if they did not fully prevail on all claims, and that a litigant's financial ability to pay counsel does not preclude an award.
• Pinewood Ests. OF Mich. & Philou Assocs., Ltd. v. Barnegat Twp. Leveling Bd.
  898 F.2d 347· 3d Cir.· 1990-03-07 ·cited 8×
  The court held that a state action permanently removing a landlord's right to evict a tenant constitutes a per se taking under Loretto.
• Laycock v. United States
  230 F.2d 848· 9th Cir.· 1956-03-06 ·cited 6×
  The court held that consent to sue the United States regarding claims arising from gold acquisition and involving the regulation of money's value was withdrawn by statute, thus divesting the court of jurisdiction.
• Cent. Ky. Prod. Credit Ass'n v. United States
  846 F.2d 1460· D.C. Cir.· 1988-05-13 ·cited 2×
  The court held that the enactment of the 1987 Act moots the appellants' challenge to the 1985 Act, but certain issues concerning the 1985 Act's implementing regulations and a directive may remain viable.
• Belvedere Mil. Corp. v. Cnty. of Palm Beach
  845 F. Supp. 877· S.D. Fla.· 1994-03-01 ·cited 1×
  A federal court lacks jurisdiction over a Fifth Amendment takings claim until the plaintiff has pursued compensation through state remedies, even for physical takings.
• Ill. Bell Tel. Co. v. Fed. Commc'ns Comm'n & United States
  988 F.2d 1254· D.C. Cir.· 1993-04-02
  The court held that the FCC's methodology for determining the rate of return for interstate telephone services, using a classic Discounted Cash Flow (DCF) model applied to an original cost rate base, was not arbitrary, capricious, or confiscatory.